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WHEREAS, a public hearing to consider the vacation and rededication of the drainage <br />and utility easement and access easement was held on the 4th day of October 2011 before the <br />City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or <br />shortly thereafter after due published and posted notice had been given, as well as personal <br />mailed notice to all property owners within Myron Ellman Subdivision by the City Planner on <br />the 22nd September, 2011 and all interested and affected persons were given an opportunity to <br />voice their concerns and be heard; and <br />WHEREAS, the Council in its discretion has determined that the vacation will not <br />benefit the public interest because: <br />1) The proposed vacation would limit the potential future uses for City. <br />2) The property proposed for vacation is the only dedicated access to a land-locked piece of <br />property owned by the City. <br />3) The City Engineers have expressed concern regarding the potential impact of a reduced <br />or eliminated setback to the City infrastructure located in that area. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request <br />for vacation of an existing right-of-way and dedication of a new drainage and utility easement <br />and access easement is hereby denied in accordance with the property descriptions provided <br />above. <br />BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to <br />sign all documents necessary to effectuate the intent of this resolution. <br />Adopted by the Council this 4th day of October 2011. <br />Attest: <br />(Sharon Lumby, City Clerk) <br />